PREVAILING WAGE NOTICE

 TO PUBLIC AWARDING AUTHORITIES AND CONTRACTORS

 September 1, 2006

DRIVERS WHO HAUL BITUMINOUS CONCRETE (ASPHALT)

The Massachusetts Supreme Judicial Court recently affirmed that drivers who haul bituminous concrete to public construction projects are not covered by the Prevailing Wage Law while off-site, including time spent over-the-road and picking-up materials.  These drivers are covered by the Prevailing Wage Law only while on-site at the public construction project.

In Teamsters Joint Council No. 10 v. Department of Labor, et al., 447 Mass. 100 (2006), the SJC upheld a 2001 administrative decision limiting the applicability of prevailing wage rates to the time bituminous drivers spend at the public construction site.  This most recent decision of the SJC followed a 1989 ruling that had upheld an earlier Department of Labor (and Industries’) policy that had deemed this category of drivers to be “teamsters” under the Law and, therefore, entitled to prevailing wage rates. See Construction Industries of Massachusetts v. Commissioner of Labor and Industries, 406 Mass. 162 (1989).  However, the earlier court case had left open the question of whether this entitled these bituminous drivers to prevailing wage rates for their over-the-road time as well as their on-site time.  This most recent decision has now answered that question.

All of the requirements of the Prevailing Wage Law, including certified weekly payroll requirements, apply to bituminous drivers for all time spent at the public construction site.

DRIVERS WHO HAUL READY-MIX CONCRETE (CEMENT)

Drivers who haul ready-mix concrete to public construction projects are not covered by the Prevailing Wage Law while off-site, including time spent over-the-road and picking-up materials.  These drivers are covered by the Prevailing Wage Law while on-site at the public construction project.  This applicability determination was established by a 2001 administrative decision of the Department of Labor’s Division of Occupational Safety.

All of the requirements of the Prevailing Wage Law, including certified weekly payroll requirements, apply to ready-mix drivers for all time spent at the public construction site.

Please feel free to contact the Department of Labor Standards at (617) 626-6953 if you have any questions.  Questions about enforcement of the Prevailing Wage Law may be directed to the Attorney General’s Fair Labor and Business Practices Division at (617) 727-3465.